Mississippi Publishers Corp.

National Labor Relations Board - Board Decisions

Oct 28, 1942

45 N.L.R.B. 101 (N.L.R.B. 1942)

In the Matter of Mississippi PUBLISHERS CORPORATION-DAILY CLARION
LEDGER DIVISION and INTERNATIONAL TYPOGRAPHICAL UNION
Case No. R-4274.-Decided -October 28,1942
Jurisdiction : newspaper publishing industry.
Investigation and Certification of Representatives : existence of question: dis-
pute as to appropriate unit ; election necessary.
Unit Appropriate for 'Collective Bargaining : all composing room employees,
including teletype setter perforator operators, but excluding porters.
Watkins, Avery c& Watkins, by Mr. H. V. Watkins, Jr., of Jackson,
Miss., for the Company.
Mr. S. G. Springfield, of Atlanta, Ga., and Mr. William J. Phipps,
of Jackson, Miss., for the Union. _
Mr. Louis Cokin, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by International Typographical Union,
herein called the Union, alleging that a question affecting commerce
had arisen concerning the representation of employees of Mississippi
Publishers Corporation-Daily Clarion Ledger Division, Jackson,
Mississippi, herein called the Company, the National Labor Relations
Board provided for an appropriate hearing upon due notice before
C. Paul Barker, Trial Examiner. Said hearing was held at Jackson,
Mississippi, on September 12, 1942. The Company and the Union
appeared, _ participated, and were afforded full opportunity to be
heard, to examine and cross-examine witnesses, and to introduce
evidence bearing on 'the issues. During the hearing, counsel for the
Company moved to dismiss the petition. The Trial Examiner re-
served his ruling. The motion is hereby denied. The Trial Exam-
iner's rulings made at the hearing are free from prejudicial error and
are hereby affirmed. '
On October 10, 1942, the Company filed a brief which the Board
has considered.
45 N. L. R. B., No. 22.
101
102 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Upon the entire record in the case , the Board makes the following :
FINDING S OF FACT
I. THE BUSINESS OF THE COMPANY
Mississippi Publishers Corporation is a Delaware corporation
operating two newspapers at Jackson; Mississippi. We are here
concerned with the newspaper published by it known as the Daily
Clarion Ledger. The Company purchases newsprint, ink, metal,
mats, and blankets for use in publishing the Daily Clarion Ledger,
valued in excess of $40,000 annually, over 90 percent of which is
shipped to it from outside Mississippi. In excess of 20 percent of
the total news coverage appearing daily in the Daily Clarion Ledger
consists of news originating outside Mississippi and is supplied and
transmitted to the Daily Clarion Ledger by means of interstate
communications. The Company purchases special features, cartoons,
and comic strips for use in the Daily Clarion Ledger valued in excess
of $25,000 annually, all of which is sent to it from outside Mississippi.
The Company admits, for the purpose of this proceeding, that it is
engaged in 'commerce within the meaning of the National Labor
Relations Act.
II. THE ORGANIZATION INVOLVED
International Typographical Union is an unaffiliated labor organi-,
zation, admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
In its petition and at the hearing the Union claimed that certain
of the Company's employees constitute a unit appropriate for the
purposes of collective bargaining. The Company denies the appro-
priateness of the unit urged by-the Union, and introduced evidence
in support of its position. The Company, however, moved to dismiss
the proceeding on the ground that no question concerning representa-
tion exists since the Union, prior to the filing of the petition herein,
did not request the Company to bargain with it or to recognize it as
the exclusive representative of the employees in the alleged appropriate
unit. We find no merit in this contention, since it is obvious that a
request would be fruitless in view of the dispute as to the appropriate
unit.,
A.statement of the Regional Director, introduced into evidence at
the hearing, indicates that the Union represents a substantial number
of the employees in the alleged appropriate unit.'
i See Matter of Southern California Gas Company and Utility Workers Organizing Com-
mtittee, Locals 170 and 193, C. I. 0., 41 N. L R B 668.
2 The Regional Director reported that the Union presented 13 membership application
cards bearing apparently genuine signatures of persons whose names appear on a pay roll of
the Company. There are 19 employees, in the alleged appropriate unit.
MISSISSIPPI PUBLISHERS CORPORATION 103
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Union contends that all composing room employees of the
Company, including teletype setter perforator operators, but exclud-
ing porters, constitute an appropriate unit. The only controversy
with respect to the unit concerns teletype setter perforator operators.
The Union urges that such employees be included in the unit and the
Company that they be excluded.
Teletype setter perforator machines, which the employees in dis-
pute operate, resemble a typewriter, have an electrically driven key
board, and produce perforated tape in code. Such tape is then taken
into the composing room where it is placed in an attachment to the
linotype machine. The tape, through said attachment, automatically
operates the linotype machine and produces type. The teletype
setter perforator machines are located in the editorial room adjoining's
the composing room.., The teletype setter perforator machine opera-
tors are women with stenographic experience, many of whom have
been promoted to these positions from other jobs in the Company's
office. The operators are instructed by the foreman of the com-
posing room, but are under the supervision of the business manager.
The average employee in the composing room goes through an ap-
prenticeship of from 5 to 6 years, while a teletype setter perforator
operator may become proficient in from 3 to 8 weeks. A statement
of the Regional Director, introduced into evidence, indicates that
75 percent of the teletype setter perforator operators have' applied
for membership in the Union. There is no evidence to the effect
that any other labor organization is claiming the employees in dis-
pute. Under all the circumstances, we shall include the teletype
setter perforator operators in the unit.
We find that all composing room employees of the Company, in-
cluding teletype setter perf orator, operators, but excluding porters,
constitute a unit appropriate for the purposes of collective bargain-
ing, within the meaning of, Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which .
has arisen be resolved by an election by secret ballot among the
employees in the appropriate unit who were employed during the
pay-roll period immediately preceding the date of the Direction of
Election herein, subject to the limitations and additions set forth in
the Direction.
104 DECISIONS OF. NATIONAL LABOR RELATIONS BOARD
At the time of the hearing,'the Company employed eight regular
operators and four combination operators and office workers. The
Company contends that the part-time operators should be eligible
to vote in the election and the Union urges that such employees be
deemed ineligible. The record indicates that the combination
operator-office workers spend the minority of their time working on
the teletype setter perforator machines. We find that the combina-
tion operators and office workers should not be eligible to vote in
the election.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section- 9 (c) of the National Labor Rela-
tions Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain represent-
atives for the purposes of collective bargaining with Mississippi Pub-
lishers Corporation-Daily Clarion Ledger Division, Jackson, Missis-
sippi, an election by secret ballot shall be conducted as early as pos-
sible, but not later than thirty (30) days from the date of this Direc-'
tion, under the direction and supervision of the Regional Director
for the Fifteenth Region, acting in this matter as agent -for the
National Labor Relations Board, and subject to Article III, Section
10, of said Rules and Regulations, among the employees in the unit
found appropriate,in Section IV, above, who were employed during
the pay-roll period immediately preceding the date of this Direction,
including any such employees who did not work during said pay-roll
period because they were ill or on vacation or in the active military
service or training of the United States, or temporarily laid off, but
excluding any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Inter-
national Typographical Union for the purposes of collective
bargaining.
MR. GERARD D. REU.,LY took not part in the consideration of the
above Decision and Direction of Election.